The potentially landmark new case in Louisiana — a traditionally pro-life state that offers special legal protections for frozen embryos — also lists the embryos’ “trustee,’’ James Charbonnet, as a plaintiff, sources said.

The lawsuit contends that Emma and Isabella, by not being born, have been deprived of an inheritance from a trust that has been ­created for them in Louisiana, ­according to sources.

It asks that the frozen embryos be given to Loeb so that they can live and receive the trust set up for them, which would fund, among other things, their health care and education, the sources said.

The suit accuses Vergara of refusing “to allow her daughters Emma and Isabella to continue their development, so they remain frozen in a tank,’’ sources said.

It also contends that a contract that Vergara and Loeb previously signed at the ART Reproductive Center in Beverly Hills should be voided since it violated California code and Louisiana law, according to sources.

Nick Loeb and Sofía Vergara in happier times in 2014Getty Images

The contract said neither party could use the embryos without the consent of the other. But the lawsuit argues that it didn’t say what should happen if Loeb and Vergara were to split.

Vergara also bullied Loeb into signing one part of the agreement saying that if either or both of them died, the embryos were to be “thawed with no further action taken,’’ according to sources, citing the suit.

Loeb, a 41-year-old businessman, spends his time between New York and Florida but has ties to Louisiana. He graduated from Tulane University in New Orleans and still serves as a reserve police officer in the state, ­according to sources.

In 2013, the then-happy couple first turned to in vitro fertilization to have a child of their own.

The new court filing says that on March 4, 2013, Loeb and Vergara exchanged messages about the embryos after learning they had created five, sources said.

“We r going to hell regardless,” Vergara responded, according to sources. During the same conversation, the actress told him, “I’m doing it ­because I want you to have a baby,” sources said, citing the lawsuit.

Two rounds of IVF failed, and they created two more embryos later that year.
But then Loeb and Vergara split on May 13, 2014, while he was at the Louis Armstrong New Orleans International Airport, sources said.

After they broke up, Loeb sent texts to Vergara — including one that said, “We still have those 2 frozen babys,’’ sources said.

The new court papers insist that Vergara was adamant during her relationship with Loeb that, as a Catholic, she believed the embryos should never be destroyed — and she has since broken their oral agreement, according to sources.

Vergara’s refusal to allow the eggs to be implanted in a surrogate has left them “in suspended animation,’’ the suit says, according to sources.

Loeb filed to protect the embryos in California just a few months after they split.

But the court documents say he dropped that lawsuit Tuesday, after a California judge ruled in favor of Vergara, 44, in her quest to force Loeb to identify two previous lovers who underwent abortions after he ­impregnated them, according to sources.

He had appealed the decision but was turned down by an appellate court.

Loeb previously told Page Six, “I would rather go to jail than reveal the names.

The new lawsuit says Loeb should have full custody over the embryos and “authority to release them for transfer, continued development, and birth,” the sources said.

It also insists that the actress should pay for any of the fees Loeb has incurred to keep Emma and ­Isabella frozen, sources said.

Sofía Vergara and husband Joe Manganiello, who wed in 2015VF14/WireImage

“A woman is entitled to bring a pregnancy to term even if the man objects,” Loeb wrote. “Shouldn’t a man who is willing to take on all parental responsibilities be similarly entitled to bring his embryos to term even if the woman objects?”